The average American driver can expect to get involved in some form of car accident one time every six years.
Although many car accidents turn out to be minor fender benders, some vehicle collisions result in substantial property damage and significant injuries to one or more drivers and passengers. The best mindset for how to react after a car accident is to already know what to do. For a serious auto crash, leaning on the legal expertise of a car accident attorney makes the difference between receiving just compensation and walking away empty-handed. Here are the six steps you should take immediately after a car accident. Think Safety You can expect a flurry of thoughts to rush through your brain right after a motor vehicle collision. Slow the thoughts down by thinking about safety first. You should find a safe place to move your car if it is capable of moving to another location nearby. Pulling over on a shoulder is a good choice, but if you can find a parking spot on a lot nearby, you enhance your safety by staying away from traffic. Once you get to a safe place, check on all the other drivers and passengers. Call 911 Calling 911 immediately after a vehicle collision accomplishes two important things. First, a 911 call activates the emergency response system, which includes medical personnel that can treat victims who sustained serious injuries such as fractures and lacerations. Second, the responding law enforcement agency clears the scene of vehicles to prevent another accident from occurring. Law enforcement personnel also conduct a thorough investigation of the accident scene. Receive Medical Care Receiving a diagnosis and getting treated for any injuries is critical for you to file a successful insurance claim, as well as a civil lawsuit that seeks monetary damages if you have a strong enough case. If you wait too long to receive medical care, the insurance adjuster reviewing your claim might deny it on the grounds that you did not sustain serious enough injuries to warrant receiving compensation. You might be able to receive initial treatment at the scene of the car accident. Gather Evidence Although the law enforcement agency responding to the vehicle collision collects evidence, you also should collect evidence to give your car accident attorney a head start on conducting a separate investigation. Simply taking photographs of the accident scene by using a Smartphone can help your car accident attorney put the pieces of the investigative puzzle together. Obtain the names and contact information of every witness for your car accident attorney to interview as soon as possible. Contact a Car Accident Attorney If you have a car accident attorney on retainer or know of a lawyer who specializes in handling personal injury cases, the first call you make should be to your legal counsel. Schedule a free case evaluation to determine the best course of action. Your car accident attorney reviews the official police report and all the physical evidence, as well as interviews witnesses. If you do not have access to a car accident attorney, conduct a little online research to find one practicing in your area and then schedule a free case evaluation. Work on Receiving Just Compensation Meeting with a lawyer is the key to starting the process of receiving just compensation for your financial losses. Do not contact your insurance company until after you meet with a car accident attorney. Your lawyer helps you submit the proper documents, as well as helps you develop a persuasive claim. If the other party committed one or more acts of negligence that caused the auto crash, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.
0 Comments
After getting involved in a motor vehicle collision, you should take several steps to help build a case to receive compensation. First, you call 911 to alert the appropriate law enforcement agency about the crash. Second, you should seek medical care to diagnose and treat every injury that results from the accident. Then, obtain the contact information from witnesses and take photographs of the accident scene by using your cell phone. The most important step involves contacting an experienced personal injury lawyer to schedule a free consultation.
Personal injury cases extend well beyond motor vehicle collisions. If you are a victim of a slip and fall, medical negligence, or a defective product, a personal injury attorney can help you recover your financial losses. The key is to come prepared for the free consultation by knowing what information to give to your personal injury lawyer. Accident Report An accident report is a crucial document that provides your attorney with information such as the date and time of the personal injury incident, as well as where the incident took place. If you cannot obtain a copy of the accident report, your personal injury lawyer contacts the appropriate source to obtain it. An accident report should help your personal injury lawyer determine the cause of the incident and whether another party committed one or more acts of negligence. Photographs of the Incident Scene Photographs can reveal plenty of useful information, such as where a personal injury incident took place. For car accident cases, law enforcement officials typically include photographic evidence in the official police report. For other types of personal injury cases, you should be proactive and take photos of the incident scene. You also should request video camera tape that might help your attorney determine the cause. Witness Contact Information Witness statements provide support for the physical evidence collected at the scene of the personal injury incident. You do not have to interview witnesses after a personal injury incident. Just write down the names and contact information for your attorney to reference. Your personal injury lawyer should interview witnesses as close to the date of the incident as possible to receive the most accurate accounts of what transpired before, during, and after the personal injury incident. Medical Records Medical bills by far represent the costliest expense associated with a personal injury incident. The costs associated with diagnostic tests, treatment programs, and physical therapy sessions can soar into the tens of thousands of dollars. Your personal injury lawyer needs copies of medical records to convince an insurance adjuster to approve a compensation claim. Copies of medical records also play a role in a judge determining the value of the compensation awarded during a civil trial. Insurance Information When you meet with a personal injury lawyer for a free consultation, the lawyer needs to review your insurance information to determine the extent of your coverage. You also should provide a personal injury lawyer with the insurance information of the other party or parties. Although you should not contact your insurance company until you speak with an attorney, make sure to tell your lawyer if you did reach out to your insurance company.Before you meet for a free consultation with a personal injury lawyer, ask the attorney what information you need to bring to the first meeting. Bicyclists have become just as common as motorists on our nation’s roads. Many municipalities have designated lanes for bicyclists to use exclusively. The rapid increase in the number of bicyclists corresponds to an increase in the number of car accidents that injure bicyclists. If you are a bicyclist who sustained one or more injuries as the result of a car accident, should you call a car accident attorney for legal support?
The answer is yes, but contact a car accident attorney who specializes in handling cases involving an injured bicyclist. How Does a Car Accident Attorney Provide Legal Support for a Bicyclist? Hiring an experienced car accident lawyer who specializes in handling cases involving an injured bicyclist provides you with several types of legal support. Conducts a Thorough Investigation For most types of car accident cases, law enforcement officers respond to the scene of an accident to secure it and then conduct an investigation. Your car accident attorney conducts a separate investigation that includes gathering additional physical evidence, as well as interviewing witnesses that describe what transpired before, during, and after the car accident. Your lawyer also reviews the official police report. Calculates a Reasonable Value for Compensation One of the most common reasons why insurance adjusters deny claims and judges dismiss lawsuits concerns the submission of an unreasonable value for compensation. Your car accident attorney adds up the costs of medical bills and repairs performed to fix property damage. If you missed work because of your injuries, you might qualify for compensation that covers lost wages. Non-economic damages such as the costs associated with pain and suffering often are more difficult to calculate. Interacts with the Insurance Adjuster Many insurance companies love to deal with policyholders that do not retain legal representation. If you do not hire an attorney to help you file an insurance claim, the adjuster might deny a valid claim or approve a claim that is worth much less than what you deserve in compensation. A car accident attorney who specializes in providing legal support for bicyclists also acts as a buffer between you and the insurance adjuster. Your lawyer monitors the progress of your claim to ensure it receives the consideration it deserves. Negotiates a Settlement Your car accident attorney has two opportunities to negotiate a settlement. First, your lawyer can negotiate with the insurance adjuster. Second, to avoid a costly and time-consuming civil trial, your lawyer can negotiate a settlement with the other party’s attorney. This typically takes place during the discovery phase of the litigation process, which is when both parties share physical evidence and the statements provided by witnesses. Negotiations start when your attorney submits an offer and negotiations can continue through several rounds of counteroffers. File a Civil Lawsuit As a bicyclist who sustained one or more injuries as the result of a car accident, you might have a strong enough case to prove another party committed at least one act of negligence. If your car accident attorney can show the other party committed one or more acts of negligence, you might have enough physical evidence to file a civil lawsuit that seeks monetary damages. Not only does your attorney submit the proper documents with your personal injury lawsuit, but your lawyer also helps you file a personal injury lawsuit long before the expiration of the statute of limitations. The Bottom Line If you are a bicyclist who sustained one or more injuries as the result of a car accident, a car accident attorney can help you recover the financial losses associated with diagnosing, treating, and rehabilitating your injuries. Some of the factors that define a highly-rated car accident attorney include experience, responsive communication, and a proven record of success. Knowing how to react after getting struck by a car might not be on your radar, but it should be. According to the Governor’s Highway Safety Association, the number of pedestrians killed by a moving motor vehicle jumped more than five percent in 2020, despite the pandemic shutting down a considerable amount of traffic. One of the most common reasons why we see increases in pedestrian accidents with each passing year concerns the use of mobile electronic devices while operating a motor vehicle.
Reasons aside, you should know what to do immediately after getting hit by a car. Call 911 Calling 911 does two important things. First, it alerts the nearest law enforcement agency about the accident. The officers responding to the scene of a car accident involving a pedestrian conduct a thorough investigation that leads to the submission of the formal police report. Second, calling 911 activities the medical emergency response system. You might not be physically able to call 911, which means a witness to the accident should do it for you. Receive Immediate Medical Care Receiving medical care can help you recover faster from the injuries sustained because of a pedestrian car accident. The closest emergency room is the place where you receive critical, even life-saving medical care. Even if you feel healthy enough to remain at the scene of the auto collision, you should eventually get medical care to detect any delayed symptoms, such as those that develop from whiplash or a concussion. Take Photographs of Your Injuries One important type of evidence to submit when filing an insurance claim and/or a civil lawsuit that seeks monetary damages involves photographs of your injuries. You should take photos of every injury associated with the vehicle collision, as well as document each injury by writing down detailed descriptions. The personal injury attorney that you hire needs to present the medical evidence to justify requesting a value for compensation. Copies of medical bills and records also provide persuasive evidence for an insurance company and a civil court judge to review. Receive the Formal Police Report As the most influential type of evidence presented for a personal injury claim and civil lawsuit, the formal police report presents a detailed description of what transpired before, during, and after the other party’s car struck you. The formal police report also includes statements made by witnesses, which your personal injury lawyer needs to have to present as supporting evidence. Towards the end of the formal police report, a section should include information that assigns blame for the party or parties that caused the accident. Schedule a Free Case Evaluation with a Personal Injury Attorney Hiring a personal injury lawyer to handle your pedestrian car accident case improves the chances of you receiving compensation for your injuries. Your attorney helps you file a convincing insurance claim, as well as a civil lawsuit that seeks monetary damages to recover the costs associated with your injuries. Whether you sustained one or more injuries because of an accident or the negligence of another party, how you react following the incident determines how much compensation you receive from an insurance claim and possibly a civil lawsuit. The most important step in the process involves hiring an attorney who specializes in handling personal injury cases.
The ultimate goal of a personal injury lawyer is to get a claim improved by the client’s insurance company or the insurer representing the other party. If the other party committed one or more acts of negligence, hiring a personal injury attorney can help you win a legal judgment or be the beneficiary of a favorable settlement. The top five reasons to hire a personal injury lawyer are based on receiving compensation because of an accident or one or more acts of negligence. Interact with an Insurance Company The business model for insurance companies is quite simple: Receive as much in premiums as possible and pay as little as possible in claims. Even if an insurance claim you plan to file appears to be strong enough to get approved, the insurance company that you have to deal with might deny the claim based on a frivolous reason. Hiring a personal injury attorney provides you with much greater influence during the insurance claim process. Meet Deadlines A personal injury case involves meeting a few deadlines, with the most important deadline consisting of filing a civil lawsuit before the expiration of the statute of limitations. Most states have established the statute of limitations for filing a civil lawsuit at between two and four years, but the deadline can be as short as one year (Kentucky) or as high as six years (Maine). Gather and Organize Evidence Submitting persuasive evidence represents the key to getting an insurance claim approved, as well as reaching a settlement or winning a legal judgment. A personal injury attorney knows how to investigate a case to collect and organize evidence such as photographs taken of the incident scene and obtaining video footage from a security camera. Interview Witnesses You have many responsibilities to assume after a personal injury incident, and acquiring the names and contact information of witnesses is one of the most important tasks completed to build a strong case. Personal injury lawyers interview witnesses to receive information that supports the physical evidence gathered for submission to an insurance company. Negotiate a Settlement Negotiating a favorable settlement helps you avoid going through a costly and time-consuming civil trial. A skilled personal injury attorney knows how to calculate a reasonable value for monetary damages that is presented as the initial offer. Presenting an overvalued submission for monetary damages can derail your case. In the United States, an average of nearly six million car accidents are reported each year that involve more than 12 million vehicles. The National Bureau of Transportation (NBT) statistics states there are certain times when and places where auto collisions occur most often.
When Do Car Accidents Happen Most Often? Cold weather and frozen precipitation make winter appear to be the most likely time of year for vehicle collisions. However, the distinction for the season with the most car crashes goes to summer when more car owners hit the road for family vacations. The National Highway Traffic Safety Administration (NHTSA) states August is the busiest month of the year for car accident reports. Motor vehicle collisions happen more times on weekends, with Friday representing the day when the most auto collisions are reported by drivers. Between 4 pm and 8 pm is when car accidents get reported the most from October to March, and then the time of day changes to between noon and 3 pm during the warmer months of the year. Holiday weekends keep law enforcement agencies busy responding to auto collisions because the volume of traffic increases significantly on days such as Labor, Memorial, and Independence Day. Car Accidents and Daylight Savings Time In March, most Americans move their clocks ahead by one hour to account for Daylight Savings Time (DST). Federal lawmakers established DST to provide more light during the early evening hours of each day. According to a study released by Current Biology that analyzed more than 20 years of statistics, the number of auto collisions increases for at least one week after the start of DST. Fatigue caused by the switch to DST is the factor attributed the most to the rise in the number of car accidents during the first or second week of March. Where Do Most Auto Collisions Occur? A majority of car accidents happen close to home for several reasons. Distracted driving, whether it is from texting and driving or switching the dial on a car radio, is the most common reason why motorists get involved in vehicle collisions near home. Other factors that contribute to the close-to-home car accident phenomenon include parked cars, rush hour traffic volume, and operating a motor vehicle while under the influence of drugs and/or alcohol. The specific locations where most car accidents occur are in rural areas, as well as in parking lots and high-volume intersections in more urban settings. Some of the most effective strategies for remaining safe on the road include following speed limit laws, paying attention to the road in front of you, and staying the recommended safe distance from the next closest motor vehicle. If you sustained injuries because of an accident, working with an experienced personal injury attorney can help you file a persuasive insurance claim. If the accident involved another party committing one or more acts of negligence, a personal injury lawyer helps you gather and organize the evidence you need to file a convincing civil lawsuit.
Most personal injury attorneys offer free case evaluations to potential clients. Let’s see what you can expect during the free case evaluation. Expect a Short Meeting A free case evaluation requires a meeting between you and a car accident lawyer. Expect the first meeting to last around one hour. Subsequent meetings can last much longer than that. Expect to Answer Several Questions The lawyer sitting across from you during the first meeting will ask several questions, most of which pertain to the facts of your case. You should be prepared to answer questions that concern what happened before, during, and after the accident. The attorney will want to know your insurance policy information, such as the amount of coverage for an accident. Discussing your physical, mental, physical, and emotional well-being is important because that is one factor in how a personal injury lawyer calculates a value for monetary damages. Expect to Provide Evidence and Witness Information You can expect to provide the attorney with physical evidence. The lawyer will not determine whether you should file a civil lawsuit until conducting a thorough investigation. You should provide the personal injury attorney copies of your medical records, as well as photographs of your injuries, property damage, and the accident scene. You can send the evidence you have collected before the case evaluation as well. Another important document for evidence is a copy of the official incident report, whether it is from a business or a law enforcement agency. The names and contact information of witnesses allow the car accident lawyer to schedule interviews. Witness accounts of an accident should support the evidence you hand over to the personal injury attorney. Expect an Evaluation Although the lawyer will conduct an extensive investigation concerning the accident, you can expect a short summary of the pros and cons of your case. For example, if footage from a traffic camera demonstrates the other party failed to yield at an intersection, the attorney has a compelling piece of evidence that strengthens your case. At the end of a short summary of your case, the attorney might agree to work on your case on a contingency fee basis, which means you do not have to pay an upfront legal fee. The car accident lawyer receives compensation when you receive an insurance claim payout and possibly a check from a legal settlement. Finally, expect to ask questions. You should ask questions that concern the timing of your case, as well as what else the lawyer needs from you before launching an investigation into the accident. According to the National Highway Traffic Safety Administration, NHTSA, 2,841 people were killed in 2018 alone due to car accidents stemming from distracted drivers. 52 of those killed by distracted drivers were residents of Ohio. Every death caused by distracted driving is preventable.
Using a cell phone while driving is one of the biggest culprits of distracted driving, along with anything else that takes your eyes and mind off the road, even for a split second. Distracted driving diverts attention away from driving, and when traveling at 55 mph, you will travel the length of a football field in less than 5 seconds. Consider closing your eyes for 5 seconds while driving, that is the danger of distracted driving which can be caused by many factors including:
Any activity that is not related to driving is a potential distraction that increases your risk of an automobile accident. If you’ve been injured in a car accident in Ohio caused by distracted driving, you should speak with an car accident attorney in Ohio with experience in distracted driving cases. Ohio Car Accident Lawyers Experienced in Distracted Driving Schiff & Associates is an experienced law firm in Ohio with over 35 years of experience. Our car accident attorneys have seen every possible scenario and know how to handle your case to get you the settlement that you deserve. Distracted driving is 100% preventable and no one should lose their life or suffer serious, life-changing injuries due to distracted driving. Serious car accidents can leave life-altering injuries such as spinal cord or soft-tissue injuries that may impact your quality of life. Schiff & Associates has experience with car accidents and personal injury law. Oftentimes, the guilty party will deny being distracted. We know what to look for to prove fault and have a team of investigators with experience who will fight for your rights. If you or a loved one have been injured in a car accident in Ohio, call on Schiff & Associates to protect your rights and get you the maximum settlement that you deserve. Schiff & Associates provides experienced legal representation to victims of car accidents, personal injury and wrongful death with over 35 years of experience. We understand that your financial recovery is just as important as your physical recovery and have a successful record of getting the settlements our clients deserve. Contact us to speak with one of the top car accident attorneys in Ohio. When you’re injured in an accident that was due to the negligence of another person or business, you are entitled to financial compensation. A personal injury claim is an attempt to make yourself whole, to the state prior to the accident. This includes financially, mentally and physically. Personal injury law provides a means for you to recover losses when hurt in an event or accident that was no fault of your own.
Your personal injury case will have unique factors surrounding the incident and may have caused severe financial hardship in terms of medical expenses and lost employment. You may also have experienced emotional trauma, pain and suffering that would fall under non-economic damages. Before you speak with an insurance company of the at fault party, it’s best to speak with a personal injury attorney in your state. Personal Injury Law in Ohio A personal injury attorney will help you to recover the financial compensation due to you, to help you recover financially so you can focus on physical and mental recovery. They will explain your options regarding accepting an insurance settlement or taking your case to trial. Each state has varied key laws pertaining to personal injury such as:
Personal injury can occur from car accidents, pedestrian accidents and any number of neglect or malpractice situations. Claims range from soft tissue damage to catastrophic injury and wrongful death. It’s important to seek professional legal advice rather than go it alone with any personal injury, especially a debilitating injury that will affect you for many years or a lifetime. Accept an Insurance Offer or Go to Trial? An experienced attorney will look at all factors of your case and help to determine the fairness of an insurance offer. Many factors contribute to whether or not your claim should go to trial, such as:
Your personal injury attorney will help to evaluate all monetary damages including non-economic damages such as pain and suffering. They’ll help to evaluate the fairness of an insurance offer and the strength of a case if litigation is necessary. Schiff & Associates: Trusted Personal Injury Lawyers When searching for a personal injury lawyer in Ohio, contact Schiff & Associates for experienced and trusted legal representation since 1982. Schiff & Associates has recovered hundreds of millions of dollars for the people of our community over the last 35 years. We recognize that your financial recovery from any accident is just as important as your physical recovery. At Schiff & Associates, we prepare each case as if it would go to trial, which allows us to fight for a fair insurance settlement. If a trial is necessary, we are prepared for litigation where we have experienced great success. Contact us for more information and to find out what your case is really worth. You may be reluctant to hire a personal injury attorney as you think it is too expensive and are seriously considering settling with the insurance company on your own. There are several reasons why this can be a bad idea.
To start with, just the fact that you have an experienced attorney representing you can make a difference in the outcome and be well worth the amount of money you pay the lawyer. The insurance company now knows you have an expert representing your claim who is someone who is not going to be persuaded to take an unfair settlement. Furthermore, remember the insurance representatives have been advised by their lawyers, which is all more the reason why you need one working on your behalf. Other reasons to hire your own attorney include the fact that personal injury cases can be complicated and involve complex legal rules that a lay person does not know anything about. Or it may be your injuries are so severe that your compensation should exceed the amount that is normally awarded. Also a skilled personal injury lawyer can help to get you a fair settlement when the insurance company was not willing to settle in good faith. Another thing to remember is that most personal injury attorneys work on a contingency basis, which means you will not pay any legal costs or fees unless there is a settlement. The law firm of Schiff & Associates has been providing our clients with quality legal representation and personal services in cases of personal injury and wrongful death for thirty-five years. Please visit our website for information on how to set up a complimentary case evaluation and consultation. The experienced attorneys at Schiff & Associates have offered the area trusted legal representation in cases of personal injury and wrongful death since 1982. We have a history of getting clients the results they deserve and recognize that financial recovery from an accident is just as important as physical recovery. Call today for information regarding legal services from Columbus, Ohio’s top personal injury lawyer. |
AuthorSince 1982, the attorneys of Schiff & Associates have provided our clients with quality legal representation in cases of personal injury and wrongful death. Our clients benefit from the combined skills of a powerful legal team. Archives
March 2023
Categories
All
|